STATE v. RILEY

Nos. 2629, 2632 Sept. Term, 2001.

807 A.2d 797 (2002)

147 Md. App. 113

STATE of Maryland, v. Carey Omar RILEY and Jermarl Jones.

Court of Special Appeals of Maryland.

September 13, 2002.


Attorney(s) appearing for the Case

Kathy Graeff, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General, Rachel Marblestone Kamins, Assistant Attorney General, Baltimore, and Sandra A. O'Connor, State's Attorney for Baltimore County of Towson, on the brief), for State.

Michael E. Kaminkow (Schulman, Treem, Kaminkow, Gilden & Ravenell, P.A. on the brief), Baltimore, for appellant, Riley.

Stanley H. Needleman, Baltimore, for appellant, Jones.

Argued before GREENE, CHARLES E. MOYLAN, JR. (retired, specially assigned) and RAYMOND G. THIEME, JR. (retired, specially assigned), JJ.


MOYLAN, Judge.

On the surface, this appeal might appear to be about the required proof of exigency necessary to justify a no-knock entry in the execution of a search warrant. It is that, but only secondarily. We are concerned, to be sure, with whether a given set of facts could support a finding of exigency, but our primary focus is on who is making that finding in the first instance. What this appeal is really about is the appropriate standard of review for assessing...

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